As a consumer who has gone through the bankruptcy process you are protected under your Bankruptcy Discharge and the Fair Debt Collection Practices Act (FDCPA). You have rights that protect you from the harassment of debt collection. If a debt was discharged in your bankruptcy and the creditor tries to collect the debt, you have the right to file a Motion for Contempt of Court for Violation of the Order of Discharge and ask the Court to award damages, legal fees, and punitive damages. Even If the debt has been sold to a new creditor as known as a “Debt Buyer” and attempt to collect on discharged debt. That is also illegal. Debt buyer have to abide by the same rules and regulations as the original creditor.
If a collector is contacting you regarding a debt that was included in your bankruptcy, you may have rights and an ability to recover damages through the Bankruptcy Court and under the FDCPA. Contact our office to discuss the process for filing suit on your behalf and protecting you from debt collectors violating the Automatic Stay and the FDCPA. Our office will evaluate your case and assess the likelihood of recovering attorney’s fees and damages or sanctions that you incur in enforcing your rights under the FDCPA. A wide range of damages may be available to you as a result. If we take your case, your creditors will pay our legal fees. Bankruptcy attorneys like myself are becoming more active in the courtroom in attempts to advocate on your behalf and get the peace that a bankruptcy discharge is supposed to provide. Contact us today to find out how we can help you return your peace of mind.
At The Schwartz Flansburg Law Firm, we will assess your unique financial situation, ask the right questions and explain the legal and financial alternatives available in clear and understandable language. Contact us to learn more about our bankruptcy practice in Las Vegas. We have Spanish-speaking staff to assist those who communicate best in Spanish.
For a free consultation, please call 702.385.5544 or fill out a form and we’ll be in touch.